Osborne

Defendant was convicted of possession of a controlled substance for sale (Health & Saf. Code, § 11378) with an enhancement for being personally armed with a firearm (Pen. Code, § 12022, subd. (c)), being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)), and being a felon in possession of ammunition (Pen. Code, § 12316, subd. (b)(1)), with an enhancement for being personally armed with a firearm (Pen. Code, § 12022, subd. (a)(1)), and was sentenced to six years in state prison. He appeals, challenging the trial court’s denial of his motion to suppress pursuant to Penal Code section 1538.5. We find no error and affirm.

BACKGROUND

The following evidence was adduced at the motion to suppress. Officer Michael Malone of the Antioch Police Department was on patrol with his partner Officer Ryan Andelin on the afternoon of December 21, 2006. As they drove on West Sixth Street they observed defendant standing next to a green Lexus. The trunk of the Lexus was open and defendant appeared to be handling exposed wires in the trunk. Defendant looked up and, apparently seeing the patrol car, immediately shut the trunk of the Lexus and walked away from it. Defendant…